how is that my problem? Same with ham. By saying you can't use a closed repeater for example, they are in essence maintaining exclusive use of the frequency, because they are saying you can't use the same frequency with the same CTCSS/DCS, etc. of the repeater. Why not?
You are 100% correct.
But I look at it using the "don't be a **** " filter. Yes, you could absolutely use that frequency. But you have other frequencies you can use. Do so if you can. If not, try to work things out like an adult.
As with many things, it comes down to "intent". What would someone be 'intending' to do?
A repeater owner is trying to provide radio coverage for their use.
A simplex user is trying to communicate.
That's all cool.
But if one user starts using the repeater or radio to cause problems for other users, maybe because they don't like that someone is running a repeater, the 'intent' may be viewed as less than adult behavior.
Or, as the FCC says "mutually satisfactory arrangements":
§ 95.325 Interference.
Operators of Personal Radio Service stations experiencing or causing interference must first attempt to eliminate the interference by means of
mutually satisfactory arrangements. If the operators are unable to resolve an interference problem, the FCC may impose restrictions including specifying the channels, maximum transmitting power, maximum antenna height and geographic area or hours of operation of the stations concerned.
I don't think I've ever heard of the FCC doing that in the recent past for GMRS.
Repeaters and simplex users can coexist. Use a squelch code on your radios, both TX and RX and you'll filter out a lot of stuff that you don't want to hear.
None of this seemed to be an issue 20+ years ago. GMRS wasn't as popular as it is now. It was harder to get suitable GMRS radios. Repeaters weren't some $400 POS Chinese crap box machine that anyone with an Amazon account could toss up.
The popularity of GMRS is becoming its own worst enemy, especially if users don't figure out how to cooperate. Probably won't take a lot of stupidity for the FCC to just throw in the towel like they did with CB.
Groups running large linked repeater systems probably should think carefully about how their systems impact others, and if they irritate the FCC enough, they'll end up with a lot of useless gear.
In other words, GMRS users (as well as ham, MURS, FRS, etc) should learn to play nice. You know, like we were all taught in kindergarten.